Case Note & Summary
The case involves two appeals against conviction under Section 302 read with Section 34 IPC for the murder of Chandu. The prosecution case was that on 02.11.2001, the appellants, Sahebrao and Jiwan, attacked the deceased with swords. The sole eyewitness was Nilu, the wife of the deceased. The trial court convicted both appellants based on her testimony. The High Court found that Nilu was an interested witness being the wife of the deceased, and her testimony was not corroborated by any independent witness. Moreover, the medical evidence contradicted her version regarding the number and nature of blows. The court held that the prosecution failed to prove common intention under Section 34 IPC. Consequently, the appeals were allowed, the conviction was set aside, and the appellants were acquitted.
Headnote
A) Criminal Law - Murder - Appreciation of Evidence - Interested Witness - Conviction based solely on testimony of wife of deceased, an interested witness, without independent corroboration is unsafe - Held that the evidence of an interested witness requires careful scrutiny and corroboration by independent evidence (Paras 7-10). B) Criminal Law - Murder - Medical Evidence - Inconsistency with Ocular Testimony - Where medical evidence contradicts the version of the eyewitness regarding the manner of assault, the benefit of doubt must go to the accused - Held that the prosecution must prove its case beyond reasonable doubt, and inconsistencies between medical and ocular evidence weaken the prosecution case (Paras 11-12). C) Criminal Law - Common Intention - Section 34 IPC - Mere presence at the scene or carrying a weapon does not establish common intention to commit murder - Held that common intention must be proved by evidence of prior concert or pre-arranged plan (Para 13).
Issue of Consideration
Whether the conviction of the appellants under Section 302 read with Section 34 IPC based on the testimony of an interested witness is sustainable without independent corroboration.
Final Decision
Appeals allowed. Conviction set aside. Appellants acquitted of all charges.
Law Points
- Appreciation of evidence
- Interested witness
- Corroboration
- Medical evidence
- Circumstantial evidence
- Section 302 IPC
- Section 34 IPC
